Valuing a litigation claim on death


(Simon James Northcott) #1

A deceased client has a potential claim for an accident before their death under the Law Reform (Miscellaneous Provisions) Act 1934 . An estimate of the likely claim has been received. Is it permissible to
deduct a discount for uncertainty of recovery and likely litigation costs, as these would presumably be factors to take into account when considering its market value if the right was sold to someone else?

The HMRC manual says any such request must be referred to technical division which is not encouraging.

Simon Northcott


(Haroon) #2

Presumably the matter must be referred to “Technical” as the level of discount to apply depends on the prospects of success of the claim. The greater the uncertainty in the claim the less the value of the same as at the date of death?

Haroon Rashid
I Will Solicitors Ltd